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HomeMy WebLinkAbout03-3212GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito, Esquire Supreme Court ID/125454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff ANTHONY R. MISITI, Plaintiff, STACEY M. HOSTLER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : CUSTODY/VISITATION COMPLAINT FOR CUSTODY Plaintiff is ANTHONY R. MISITI, whose current address is 2415 Reno Street, Second Floor, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is STACEY M. HOSTLER, whose current residential address is c/o John and Connie Hostler, 737 Range End Road, Dillsburg, York County, Pennsylvania. 3. Plaintiff is the Father, and Defendant is the Mother of the Child, who is the subject of this action. 4. Plaintiff seeks shared legal and partial physical custody of: Jasmine Mae Hostler, Date of Birth: May 5, 2001 Name: Present Residence: c/o John and Connie Hostler, 737 Range End Road, Dillsburg, York County, Pennsylvania The child was bom out of wedlock. 5. The Child presently resides with his mother, the Defendant herein, his maternal grandparents, John and Connie Hostler, and his maternal uncle, Jason Hostler, at 12. Defendant lives with her parents, John and Connie Hostler, at 737 Range End Road, Dillsburg, York County, Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the court grant the parties shared legal custody and that he be awarded partial physical custody of his daughter, Jasmine Mae Hostler. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. p~o~ By:. ~ , Esquire 320 Marl~'t Street, Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 97028.l VERIFICATION I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. ANTHONY R. MISITI : PLAINTIFF : V. : STACEY M. HOSTLER : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3212 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Friday, July 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, August 14,2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Custody Conmhato The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ItAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPItONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2003 ANTHONY R. MISITI, Plaintiff V, STACEY M. HOSTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3212 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this "/"~ day of September, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le.qal Custody. The parties, Anthony R. Misiti and Stacey M. Hostler, shall have shared legal custody of their minor child, Jasmine Mae Hostler, born May 5, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties will sharing parenting time in accordance with the following schedule: A. Father shall have custody on alternate weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. beginning September 5, 2003. B. Father shall have custody each Tuesday evening from 6:00 p.m. until the following morning. This shall become effective August 26, 2003. C. Father shall have custody each Thursday from 6:00 p.m. until 8:30 p.m. This shall become effective August 28, 2003. D. At times when Father does not have custody, Mother shall have custody. ~1NVA%~$NN~d NO. 03-3212 CIVIL TERM 3. Transportation. With regarding to weekend transportation, the parent receiving custody shall be responsible for transportation. Father shall be responsible for transportation at the beginning of his custodial periods on Tuesdays and Thursdays and at the end of his custodial period on Wednesday mornings. Mother shall be responsible for transportation at the time of the 8:30 p.m. custodial exchange on Thursday. 4. Vacation. Each of the parties shall be entitled to seven (7) days of uninterrupted vacation time with Jasmine each year. The seven (7) day period shall include the parties' regularly scheduled weekend of physical custody. Each party will provide the other with sixty (60) days written notice of the seven (7) day period he or she plans to take for vacation which shall be on a first come, first serve basis. 5. Holidays. A. The parties shall share the Christmas and Easter holidays as they shall from time to time agree upon and arrange. B. The parties shall alternate the remaining major holidays: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. The custodial periods for these holidays shall be from 8:00 a.m. to 8:00 p.m. The rotating schedule shall commence with Mother having custody for Labor Day 2003. C. Mother's Day / Father's Day. Mother's Day from 10:00 a.m. to 8:30 p.m. Father's Day from 10:00 a.m. to 8:30 p.m. Mother shall have custody for Father shall have custody for 6. The parties shall permit reasonable telephone access between Jasmine and the other parent. They shall use sound discretion as to the time, frequency and duration of the telephone calls. 7. Neither party shall do or say anything to estrange Jasmine from the other parent and both shall encourage a relationship with the other parent and their family members. It shall be the express duty of each party to uphold the other parent as one whom Jasmine shall respect and love. NO. 03-3212 CIVIL TERM 8. Each party shall keep the other informed as to his or her current address and telephone numbers. In the event either party intends to relocate more than twenty (20) miles from their current residence, he or she shall provide the other party with at least sixty (60) days notice of the intended move. 9. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. BY THE COURT: Dist: ~aa~& Esposito, Esquire, PO Box 1268, Harrisburg,~PA 17108 M~rkA ~d~R . Mateya, Esquire, 407 N. Front Street, Harrisburg, PA 17101 09 ANTHONY R. MISITI, Plaintiff V. STACEY M. HOSTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERI_AND COUNTY, PENNSYLVANIA NO. 03-3212 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jasmine Mae Hostler May 5, 2001 Mother 2. A Custody Conciliation Conference was held on August 25, 2003. The Conference was scheduled following Father's July 8, 2003 filing of a Complaint for Custody. Present for the conference were: the Father, Anthony R. Misiti, and his counsel, Paul J. Esposito, Esquire; the Mother, Stacey M. Hostler, and her counsel, Mark A. Mateya, Esquire. 3. The parties reached an agreement in the form of an Order as attached. s ulre Custody Conciliator :217626